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U.S. v. CAPENER

Nos. 07-10359, 07-10372.

608 F.3d 392 (2010)

UNITED STATES of America, Plaintiff-Appellant-Cross-Appellee, v. Mark CAPENER, Defendant-Appellee-Cross-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed January 8, 2010.

Amended June 9, 2010.

Attorney(s) appearing for the Case

Vijay Shanker, United States Department of Justice, Washington, DC, for the plaintiff-appellant-cross-appellee.

Jeffery S. Parker, Great Falls, VA, for the defendant-appellee-cross-appellant.

Before KIM McLANE WARDLAW and WILLIAM C. CANBY, JR., Circuit Judges, and DAVID G. TRAGER, District Judge.

ORDER

The opinion filed in this case on January 8, 2010, and reported at 590 F.3d 1058, is hereby amended. An amended opinion is filed concurrently with this order. With these amendments, the panel has unanimously voted to deny the petition for rehearing. Judge Wardlaw has voted to deny the petition for rehearing en banc, and Judges Canby and Trager so recommend. The full court has been advised of the petition for rehearing en banc...

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